While a divorce might be a welcome end to a difficult marriage, now comes traveling with your child when you’re no longer married. Nobody warned you about this, did they?
In general, domestic travel within this context is easier than abroad. But travel hinges on the parenting plan or custody order. It is common for many court orders not to require parental permission for the other parent to travel out of state. As long as the parent is not intending to take the child out of the United States the risk is not overly great.
With that said, getting written consent from the other parent to travel with the child is a good piece of documentation to have. This is especially relevant if there are disagreements or disputes later on related to trips.
General Travel Consent Letter
A general travel consent letter should contain the following:
1. Person(s) traveling with the children.
2. Names of the children’s legal guardians.
3. Contact information for the other parent.
4. A clear statement with dates and locations, all relevant travel details, and what exactly is being requested.
After you have the letter, search out a notary for each parent to sign in front of simultaneously. This will be enough to protect the traveling parent.
Traveling Overseas
Traveling overseas is a bit more complicated for understandable reasons. There are countless cases, sadly enough, of parents leaving the country with minors and never returning. In the worst of cases, the children go missing which is unconscionable for any parent to have to deal with.
To travel overseas there are several documents you will need:
1. Passport/Visa
– Children under 16 will require both parents to apply for their passport. More
information to follow if one of the parents does not consent.
2. Divorced Marriage Certificate
3. Medical Insurance
4. Fingerprint Registration (depending on the country)
5. Certificate of Educational Enrollment (depending on the country)
What happens if my child’s mother/father does not consent?
This is another sad truth, but one that can be navigated. If one parent is not cooperating with the travel request the other parent may fill out Form DS-5525 (Statement of Exigent/Special Family Circumstances).
If the other parent cannot be found, it is critical to document the search efforts. The State Department has the final say with an application and if a representative is not convinced that an effort was made to find the other parent, your application could be at risk of being rejected.
Section 7 in the previously mentioned DS-5525 is the area where you will document all of the efforts made to locate the other parent. A good tip is to contact friends, family, former landlords, as well as former employers and include what said people had to say about the whereabouts of your ex. The State Department will also value your search efforts (online) in terms of attempting to locate your child’s mother or father. If you can demonstrate a good faith effort it will be kindly received.
If I am going through a divorce what should I consider for my parenting plan?
1) Do you want to authorize travel or just be informed in advance of trips?
2) Do you want the child to have a passport?
3) Who will hold the passport for the child?
4) Decide what information you want to be shared prior to travel
5) Do you want contact with the child when they are away?
